February 2021Transmittal 480
Effective: 2/1/2021
Monetary Policy and Reserve Requirements
Regulation D
The Board is amending Regulation
D (Reserve Requirements of Depository Institutions) to reflect the
annual indexing of the reserve requirement exemption amount and the
low reserve tranche for 2021.
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The annual indexation of these
amounts is required notwithstanding the Board’s action in March
2020 setting all reserve requirement ratios to zero. The Regulation
D amendments set the reserve requirement exemption amount for 2021
at $21.1 million of reservable liabilities (up from $16.9 million
in 2020). The Regulation D amendments also set the amount of net transaction
accounts at each depository institution (over the reserve requirement
exemption amount) that could be subject to a reserve requirement ratio
of not more than 3 percent (and which may be zero) in 2021 at $182.9
million (up from $127.5 million in 2020). This amount is known as
the low reserve tranche. The adjustments to both of these amounts
are derived using statutory formulas specified in the Federal Reserve
Act. The annual indexation of the reserve requirement exemption amount
and low reserve tranche, though required by statute, will not affect
depository institutions’ reserve requirements, which will remain
zero.
The Board is also announcing changes
in two other amounts, the nonexempt deposit cutoff level and the reduced
reporting limit, that are used to determine the frequency at which
depository institutions must submit deposit reports.
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The final rule is effective
January 11, 2021 (Regulation D, Docket R-1733) and was published in the Federal Register on December 11, 2020. Banks and
Banking
Regulation I
The Board published a final rule that applies an inflation adjustment
to the threshold for total consolidated assets in Regulation I.
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Federal Reserve
Bank stockholders that have total consolidated assets above the threshold
receive a different dividend rate on their Reserve Bank stock than
stockholders with total consolidated assets at or below the threshold.
The Federal Reserve Act requires that the Board annually adjust the
total consolidated asset threshold to reflect the change in the Gross
Domestic Product Price Index, published by the Bureau of Economic
Analysis (BEA). Based on the change in the Gross Domestic Product
Price Index as of September 30, 2020, the total consolidated asset
threshold will be $10,785,000,000 through December 31, 2021. The final
rule is effective January 11, 2021 (Regulation I, Docket R-1732) and was published in the Federal Register on December 10, 2020. Regulation
O
On December 22, 2020, the Board, the Federal
Deposit Insurance Corporation (FDIC), and the Office of the Comptroller
of the Currency (OCC) issued a
Revised Statement Regarding Status of Certain Investment Funds and
Their Portfolio Investments for Purposes of Regulation O and Reporting
Requirements under Part 363 of FDIC Regulations.
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The revised statement
supersedes the original statement that was issued on December 27,
2019, and that expired on January 1, 2021. The revised statement explains
that the federal banking agencies will exercise discretion to not
take enforcement action against banks or asset managers that become
principal shareholders of banks with respect to certain extensions
of credit by banks that otherwise would violate Regulation O. The
agencies are extending this temporary relief while the Board, in consultation
with the other federal banking agencies, considers whether to amend
Regulation O. The interagency statement also sets forth the eligibility
criteria for this relief (Regulation O). Holding and Nonbank Financial Companies
Regulation TT
The
Board adopted a final rule to amend the Board’s assessment rule,
Regulation TT, pursuant to section 318 of the Dodd-Frank Wall Street
Reform and Consumer Protection Act (Dodd-Frank Act), to address amendments
made by section 401 of the Economic Growth, Regulatory Relief, and
Consumer Protection Act (EGRRCPA).
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The final rule raises the minimum
threshold for being considered an assessed company from $50 billion
to $100 billion in total consolidated assets for bank holding companies
and savings and loan holding companies and adjusts the amount charged
to assessed companies with total consolidated assets between $100
billion and $250 billion to reflect changes in supervisory and regulatory
responsibilities resulting from EGRRCPA. The final rule is effective
January 7, 2021 (Regulation TT, Docket R-1683) and was published in the Federal Register on December 8, 2020. Consumer
and Community Affairs
Regulation M and CFPB’s
Regulation M
The Board and the Consumer Financial
Protection Bureau (CFPB) finalized amendments to the official interpretations
and commentary for the agencies’ regulations that implement
the Consumer Leasing Act (CLA).
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The Dodd-Frank Act amended the
CLA by requiring that the dollar threshold for exempt consumer leases
be adjusted annually by the annual percentage increase in the Consumer
Price Index for Urban Wage Earners and Clerical Workers (CPI-W). If
there is no annual percentage increase in the CPI-W, the Board and
the CFPB will not adjust this exemption threshold from the prior year.
However, in years following a year in which the exemption threshold
was not adjusted, the threshold is calculated by applying the annual
percentage change in the CPI-W to the dollar amount that would have
resulted, after rounding, if the decreases and any subsequent increases
in the CPI-W had been taken into account. Based on the annual percentage
increase in the CPI-W as of June 1, 2020, the exemption threshold
will remain at $58,300. The final rule is effective January 1, 2021
(Regulation M and Consumer Financial Protection Bureau, Regulation M, Docket R-1727) and was published in the Federal Register on December 10, 2020. Regulation
Z and CFPB’s Regulation Z
The Board,
the CFPB, and the OCC finalized amendments to the official interpretations
for their regulations that implement section 129H of the Truth in
Lending Act (TILA). Section 129H of TILA establishes special appraisal
requirements for “higher-risk mortgages,” termed “higher-priced
mortgage loans” or HPMLs in the agencies’ regulations.
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The Board, the
CFPB, the FDIC, the Federal Housing Finance Agency, the National Credit
Union Administration, and the OCC jointly issued final rules implementing
these requirements, effective January 18, 2014. The agencies’
rules exempted, among other loan types, transactions of $25,000 or
less, and required that this loan amount be adjusted annually based
on any annual percentage increase in the CPI-W. If there is no annual
percentage increase in the CPI-W, the Board, the CFPB, and the OCC
will not adjust this exemption threshold from the prior year. However,
in years following a year in which the exemption threshold was not
adjusted, the threshold is calculated by applying the annual percentage
increase in the CPI-W to the dollar amount that would have resulted,
after rounding, if the decreases and any subsequent increases in the
CPI-W had been taken into account. Based on the CPI-W in effect as
of June 1, 2020, the exemption threshold will remain at $27,200. The
final rule is effective January 1, 2021 (Regulation Z and Consumer Financial Protection Bureau, Regulation Z, Docket R-1729) and was published in the Federal Register on December 10, 2020.
The Board and the CFPB are amending the official interpretations
and commentary for the agencies’ regulations that implement
TILA. The Dodd-Frank Act amended TILA by requiring that the dollar
threshold for exempt consumer credit transactions be adjusted annually
by the annual percentage increase in the CPI-W.
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If there is no annual percentage
increase in the CPI-W, the Board and the CFPB will not adjust this
exemption threshold from the prior year. However, in years following
a year in which the exemption threshold was not adjusted, the threshold
is calculated by applying the annual percentage change in the CPI-W
to the dollar amount that would have resulted, after rounding, if
the decreases and any subsequent increases in the CPI-W had been taken
into account. Based on the annual percentage increase in the CPI-W
as of June 1, 2020, the exemption threshold will remain at $58,300.
The final rule is effective January 1, 2021 (Regulation Z and Consumer Financial Protection Bureau, Regulation Z, Docket R-1728) and was published in the Federal Register on December 10, 2020. Regulation
BB
The Board and the FDIC amended their Community
Reinvestment Act (CRA) regulations to adjust the asset-size thresholds
used to define “small bank” and “intermediate small
bank.”
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As required by the CRA regulations, the adjustment to the threshold
amount is based on the annual percentage change in the CPI-W. The
final rule is effective January 1, 2021 (Regulation BB, Docket R-1735) and was published in the Federal Register on December 23, 2020. CFPB’s
Regulation C
The CFPB is amending the official
commentary that interprets the requirements of the CFPB’s Regulation
C (Home Mortgage Disclosure) to reflect the asset-size exemption threshold
for banks, savings associations, and credit unions based on the annual
percentage change in the average of the CPI-W.
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Based on the 1.3 percent increase
in the average of the CPI-W for the 12-month period ending in November
2020, the exemption threshold is adjusted to $48 million from $47
million. Therefore, banks, savings associations, and credit unions
with assets of $48 million or less as of December 31, 2020, are exempt
from collecting data in 2021. The final rule is effective January
1, 2021 (Consumer Financial Protection Bureau, Regulation C) and was published in the Federal Register on December 22,
2020. CFPB’s Regulation Z
The
CFPB is amending the official commentary that interprets the requirements
of the CFPB’s Regulation Z (Truth in Lending) to reflect a change
in the asset-size threshold for certain creditors to qualify for an
exemption to the requirement to establish an escrow account for a
higher-priced mortgage loan.
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This amendment is based on the
annual percentage change in the average of the CPI-W. Based on the
1.3 percent increase in the average of the CPI-W for the 12-month
period ending in November 2020, the exemption threshold is adjusted
to $2.230 billion from $2.202 billion. Therefore, creditors with assets
of less than $2.230 billion (including assets of certain affiliates)
as of December 31, 2020, are exempt, if other requirements of Regulation
Z also are met, from establishing escrow accounts for higher-priced
mortgage loans in 2021. The final rule is effective January 1, 2021
(Consumer Financial Protection Bureau, Regulation Z) and was published in the Federal Register on December 22,
2020. CFPB’s Regulation V
The
CFPB is amending Regulation V, which implements the Fair Credit Reporting
Act (FCRA).
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The CFPB is required to calculate annually the dollar amount of
the maximum allowable charge for disclosures by a consumer reporting
agency to a consumer pursuant to section 609 of the FCRA (15 U.S.C.
1681g); this final rule establishes the maximum allowable charge for
the 2021 calendar year. The final rule is effective January 1, 2021
(Consumer Financial Protection Bureau, Regulation V) and was published in the Federal Register on December 23,
2020. Procedural and Organizational Rules
Systems of Records of the Federal Reserve System
Pursuant to the provisions of the Privacy Act
of 1974, notice was given that the Board proposes to modify existing
system of records
BGFRS-23 “FRB—Freedom of Information Act and Privacy Act Case
Tracking and Reporting System.”
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The system, which the Board
proposes to rename as BGFRS-23 “FRB—Freedom of Information
Act and Privacy Act Case Automation System,” contains tracking,
reporting, and processing information for Freedom of Information Act
and Privacy Act requests. The modified system of records will become
effective January 21, 2021, without further notice, unless comments
dictate otherwise (Rules Regarding Access to Personal Information
under the Privacy Act of 1974, Systems of Records of the Federal Reserve System). The modified system
of records was published in the Federal Register on December
21, 2020. Proposed
Rules
The Board proposes to amend its Regulation
D (Reserve Requirements of Depository Institutions) to eliminate references
to an “interest on required reserves” rate and to an “interest
on excess reserves” rate and replace them with a reference to
a single “interest on reserve balances” rate.
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The Board also
proposes to simplify the formula used to calculate the amount of interest
paid on balances maintained by or on behalf of eligible institutions
in master accounts at Federal Reserve Banks, and to make other conforming
changes. Comments on this notice of proposed rulemaking must be received
by March 9, 2021 (Docket R-1737).